E/CN.4/2004/76/Add.2
page 20
83. The Special Rapporteur notes a risk of discrepancy between the migration control
programmes and policies under the responsibility of the Ministry of the Interior, and the
assistance, education and integration programmes and policies which are the responsibility
of the Ministry of Labour and Social Affairs. While it appears logical and appropriate for
integration programmes to be implemented at the local level, the Special Rapporteur
observes that the Autonomous Communities and local governments, especially in the large
cities, the Canary Islands, Ceuta and Melilla, have to devote most of their resources to
assistance to illegal migrants. Their integration efforts are being frustrated by the obstacles
which illegal status places in the way of the full integration of the migrant and the migrant’s
enjoyment of his rights. The Special Rapporteur also noted limited coordination in the area
of social action between the three levels of government – central, Autonomous Community
and local.
84. The Special Rapporteur considers that frontier control per se does not ensure the
orderly management of migration in decent conditions. Within the framework of the
European Union, the question of migration should be the subject of an ongoing dialogue
with the countries of origin. The focus on safe, orderly migration in decent conditions
should be reflected in a dialogue with the countries of origin which goes beyond labour
matters. In the case of Morocco, the Special Rapporteur considers it essential that the
dialogue between the two Governments should be a dialogue of equals, of sister,
neighbouring, sovereign countries with common interests. The focus of this dialogue should
be the prevention of illegal migration and co-development in the countries of origin; greater
international cooperation efforts are needed to dismantle the criminal networks engaging in
the trafficking and smuggling of migrants.
85. The Special Rapporteur recommends to the Government that it should constantly
consider the importance of the support it receives from the NGOs and the Church and that
they should not be accused of facilitating the entry of undocumented migrants into the
country.
86. The Special Rapporteur recommends that, in the medium and short terms, measures
to ensure the more effective protection of the human rights of immigrants in Spain should
be strengthened. These measures should include:
a)
Ratification of the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families;
b)
Amendment of relevant legislation to ensure that the human rights of migrants
and asylum-seekers are not jeopardized;
c)
Training of officials responsible for enforcing legislation on migration to ensure
its just and homogeneous implementation throughout the national territory;
d)
Measures to ensure that migrants enjoy in practice the rights to legal assistance
and to an interpreter in all administrative procedures relating to their migration
status. The Special Rapporteur encourages NGOs and the People’s Advocate to
continue their excellent work of assisting migrants and supervising
implementation of the guarantees provided for by law;